JEETENDRA ASHOK BHOSALE Vs. DIVISIONAL COMMISSIONER, COUNCIL HALL, PUNE
LAWS(BOM)-2021-6-53
HIGH COURT OF BOMBAY
Decided on June 08,2021

Jeetendra Ashok Bhosale Appellant
VERSUS
Divisional Commissioner, Council Hall, Pune Respondents

JUDGEMENT

SAMBHAJI SHIWAJI SHINDE - (1.) Rule. By consent of the parties, Rule made returnable forthwith and heard finally.
(2.) This Writ Petition is filed for the following substantive prayer clauses: "(c) That the Impugned Order dated 24/02/2021 passed by Respondent No. 1 in Externment/Appeal/SR/EA_5/2021 be quashed and set aside. (d) That the Impugned Order of Externment dated 06/01/2021, bearing no. 03/2021, passed by the Res. No. 3, Deputy Commissioner of Police, Zone-IV, Pune City, Pune be quashed and set aside."
(3.) The brief facts leaving to the filing of this petition are as under: It is the case of the petitioner that the respondents issued externment order on the basis of the same material which was considered as the basis to initiate the externment proceedings earlier which were subsequently dropped. On 28.5.2019, a show-cause notice was issued to the petitioner. It is the case of the petitioner that the earlier show-cause notice was issued to the petitioner vide an externment order as to why he should not be externed from the area which was mentioned in the notice. Pursuant to the said notice, the proceedings were initiated, however, on 24.1.2020, the said proceedings were dropped. Again on 3.9.2020, another notice was issued by the Assistant Commissioner of Police. Thereafter, on 2.10.2020, on the basis of the report received from the Assistant Commissioner of Police, the Deputy Commissioner of Police issued notice to the petitioner. After hearing the parties, on 6.4.2021, the impugned externment order was issued by respondent No. 3 thereby externing the petitioner for two years from the area mentioned in the notice and the impugned order. ;


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